HB1615 is a vaguely worded and poorly drafted bill that appears designed to allow and encourage discrimination against LGBTQ people under the guise of protecting religious beliefs. Many provisions of this bill conflict with federal law and would not hold up in court, creating confusion and potential liability for employers and individuals who rely on its misleading language.
The bill expands already broad religious exemptions in ways that could authorize discrimination in employment, housing, and other key areas, despite clear federal protections against such discrimination. Under Bostock v. Clayton County (2020), the U.S. Supreme Court ruled that employment discrimination based on sexual orientation or gender identity is illegal — a decision that states cannot override.
HB1615 also seeks to:
- Allow public officials to refuse to assist with same-sex marriages, which would be unconstitutional if it interferes with public services.
- Permit religious organizations to discriminate in foster care and adoption services, prioritizing the beliefs of agencies over the best interests of children.
- Undermine nondiscrimination standards in education, licensing, and accreditation, creating legal conflicts with established professional and academic requirements.
This bill plays on unfounded fears that religious organizations will be forced to adopt beliefs contrary to their own—something that has never happened in the decade since marriage equality became law. The reality is that individuals and businesses cannot use religion as an excuse to deny rights and services to LGBTQ people in employment, housing, or public accommodations.
The ACLU of Arkansas strongly opposes HB1615 as a dangerous and unnecessary attempt to legalize discrimination under the false pretense of religious freedom.
We urge lawmakers to reject this harmful and unconstitutional measure.
